Facts:

The root of the instant appeal can be traced to the civil action initiated by the respondent, Classmate Technologies Co. Ltd who filed a writ of summons against the appellant, Lubcon Limited on the 17th of October, 2017. The appellant entered a conditional appearance, and on the 24th of January, 2018 filed a consequential amended statement of defense incorporating a preliminary objection. The respondent reacted to the preliminary objection, when it filed a counter affidavit of six paragraphs with a written address dated and filed on the 17th of April, 2018 was also filed in opposition to the preliminary objection.

On the 19th of April, 2018, appellant filed a further affidavit in support of the preliminary objection. And on the 3rd of May, 2018, the preliminary objection was moved, and consequently reserved for ruling against the 4/6/2018. The vexed ruling was delivered on the stated 4/6/2018 to the conclusion that the preliminary objection lacked merit.

Dissatisfied, the appellant appealed to the Court of Appeal.